Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1887-06-02
TIE FfsHERr FrGHr.
Jersey Fishermen Kicking Against
Delaware's Law-ro Fest Ats Va



Jersey Fishermen Kicking Az ainst
Delaware's Law-ro Fest ats Va
lidlly.
Philadelphia Times Correspondence.
BAYsIDE, N. j., May 31.-The sturgeon
fishermen of Bayside are very much In
earnest. They propose to protect their
right to fish In the channel against Dala-
ware with shot-guns II necessary. Bayslde,
at the extreme end OF the New Jersey
Southern railroad, is the centre Of the stur-
geon interests of New Jersey. The colony
numbers 300 men, mostly men with families
u brave, resolute, hardy, determined united
brotherhood of fishermen. Their organiza-
ton rs the Sturgeon Fishermen's Protective
Association comprises every fisherman st
Bayslde. They have $4,000 In the treasury,
upon which two or three hungry lawyers
are casting wistful eyes.
Last evening was the lime set for these
men to meet and protest against Delaware's
attempt to keep them from their fishing
grounds. They all got together In the upper
hall OF big warehouse and promptly at 8
O'Clock the proceedings began. Bronzed
uy exposure to the sun, firm 10 their reso-
iution to stand up us one man against the
aggressive and unjust acts OF the Delaware
authorities, us they regard the organized
Interference with their fishing rights, a
stronger body Of men could not be found.
Four oil lamps cast subdued glamour over
the ASSEMBLY.
AN OPINION THAT DELAWARE Is WRONG.
First. the secretary read the opinion OF
the lawyer OF the association that the
United States Improvement Oompany's In
junction had been Interpreted Jointly by the
governor of Delaware and the governor OF
New Jersey at the Lafayette Hotel, assem-
bled two years ago, as fixing the line oil
division between the states OF New Jersey
nj ,AfafK fFnr nnhnnaaNr
lighthouse, N. j. over to Bombay Hook, and
counsel further commended that when the
Delaware authorities arrested and captured
the nets of Captain Bedford Wood and Cap
tain I. j, Torton, and then let these men go
free and returned their fines, this was
practical admission on the part OF the Della
ware authorities that they wore wrong, for
the two governors established the mouth OF
the Delaware river mt Reedy's Island, while
the United States government survey places
the mouth OF the river 10 miles above
Reedy's Island, and the fishermen contend
that they now fish In the same channel
where Torton and Belf0rd Wood were ar
rested for catching sturgeon two years ago,
and II Delaware could not convict these
men then, they can't convict the Jersey
sturgeon fishers now.
The sense of the meeting was taken that
Il was the duty OF Delaware to establish, by
some legal decision, their right to inrisdic-
tlon over the ships channel where the Jer-
seymen catch sturgeon, and the association
by vote expressed Its determination to have
Congress at its next session settle the vexed
questions as to whether one state could
legally claim or maintain the exclusive
right to usethe public highway, the bay and
the river, to the detriment OF tho jersey
mon who have used these waters for 80
years. A motion was made and carried TO
request Congressman Hires of tho First dis
trlct (Which Includes Bayside), to bring the
question before Congress at tho next session
for settlement.
STRONG PROTEST.
Secretary Elkinton made speech, in
which he said:
"This Sturgeon Flshermens Protective
Association Is organized In the interest OF
New Jersey and Pennsylvania fishermen
for the purpose of determining the consti-
nationality OF the Delaware fish law,
wherein that State arrogates to herself the
exclusive Jurisdiction OF the waters OF
Delaware bay and river from the Delaware
shore to the Jersey shore. New Jersey
would be false to the teachings of their
primitive fathers II they were not Indignant
at this unjust law passed by the Delaware
soIons. We have Delaware fish gang In
our midst, comprising many boats and nets:
The first Of the season they flshed at Bowers
Beach, DEL, where they played havoc
among the sturgeon before Bayside COM
meRced to fish. When the fish left Bowers
Beach they broke camp and came to this
locality, where they follow their avocation
unmolested.
''Take the oyster business for illustration.
Six hundred vessels are employed In catch
| ing oysters In Delaware bay. Flve-sixths
OF these are registered in New Jersey, one
sixth are foreigners, principally Delawar-
cans, who pay no revenue to the state OF
New Jersey. The principal oyster beds lie
on the New Jersey side of the bay, from
Arnold's Point to Fortescue Beach, dis
| tance OF Is miles, and Delaware oystermen
with impunity dredge these beds, carry the
oysters to their side of the bay and plant
them and claim equal rights with our
| oystermen, Oysters don't swim like stur-
geon. They belong to the bottom, and we
can legislate for our oyster beds as we can
| for our timber lands. But when state
claims exclusive dominion over the stur-
geon, the most migratory fish known TO
| ichthyology, they can't find law to protect
so shallow pretence. Sturgeon are found
| In northern Europe, In the Black and Cas-
| plan seas and their tributaries The lakes
| and rivers of the United States are album
| dainty stocked with them. They inhabit
| the Pacific and Atlantic Oceans and the
Gulf Of Mexico, and every navigable stream
almost In the world. They only inhabit the
| Delaware river and the bay from the middle
OF March to the LIST Of September. Hence,
| what legal absurdity II Is for little Della
ware to attempt to legislate New Jersey out
| OF the river and ships channel, denying d
non-resident's right to fish In the navlgablt
waters of the United States for sturgeon
with drift net"
| THE RESOLUTIONS.
Secretary Elkinton strongly reeommended
| Congressional interference and counseled
i resistance to Injustice with all the weapons
l -, al t4fa "A ~
rs with one voice, applauded the speaker
and unanimously passed the following pre-
i amble and resolution:
"WuEREAs, The authorities OF Delawar,
are attempting TO exercise, Illegally, exelu
slve Jurisdiction over the waters OF the Del
aware river and Delaware bay, contrary t
i the true intent and meaning OF the injipc
ton granted by thu United States suprcm,
court, claiming below tho OOhansey light
| house and Bombay Hook, whGra we are nd.
| yisOd and believe we have the legal right X
exercise our honest calling as flshetmcn
therefore
"Resolued That, rs Jerssymen ready Il
defend our rights TO the bitter ond, We cal
on Robert 3. Green, governor OF New jer
soy, to use all the power Of his singh office L
protect the citizens OF this commonwealth
In their legal rights TO fish In Delaware bal
and In the Delaware river, rights whtei
have been freely exercised by our ancestr.
and ourselves without question for thirtS
years."
The meetlng adopted the resolutions
unanimously with Il wild "hurrah," ant
| every man expressed determination b
carry a double-barreled shotgun In hi
boat and TO protect his "drlft" till Delawar
made some better claim than n naked asser
ton OF her right to drive Jerseymen out Q
Delaware Bay.
Governor Green will report his progress
| with tho Della ware authorities in few dilys
and In the meantime s. H. Grey and az
Governor Joseph d. Bedle are furnishing u
all the weapons known to the law, wit
| uhtah m oman Iapal xIarfara IN tha renre